Making Your Lawful Development Certificate Appeal (Guide)

The hearing procedure

Although lawful development certificate appeals usually go by inquiry or written representations, hearings can sometimes be appropriate. Hearings are less formal than inquiries and usually involve an open discussion led by the Inspector. You and the LPA can ask for a hearing, but you do not have the right to one.

The hearing procedure is usually quicker and cheaper than an inquiry. We will agree to a hearing whenever it is appropriate. Hearings are not suitable for appeals where it is necessary to cross-examine witnesses or for appeals which are complicated or controversial, or have caused a lot of local interest. For this reason they are not often appropriate for LDC appeals, where facts are frequently in dispute.

The regulations for dealing with hearings are The Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003. Like other procedures, there are important time limits for us to receive your comments. The Inspector will not normally consider any comments we receive after the time limit ends, and we will send them back.

The timetable and stages of the appeal leading up to the hearing are explained in section 3.

The rules say that the date for the hearing should be within 12 weeks of the starting date. We will arrange a convenient time and date for the hearing. If you cannot accept the first date we offer, we will set another and we will expect you to attend. We will give you and the LPA at least four weeks notice of the hearing date.

We may ask the LPA to advertise the hearing in a local newspaper at least two weeks before the hearing date, and to let interested persons know about it.

At the hearing the Inspector will lead an informal discussion on the main issues. People can have a legal representative with them at hearings but it is rarely necessary.

The hearing site visit

The Inspector will decide whether to visit the site, or continue the discussion at the site. He or she will tell you this at the hearing.

At the site visit you can point out physical features about the site and its surroundings. Unlike inquiries, you can discuss your appeal if the Inspector agrees.

People with disabilities

We want to hold all hearings in buildings that give proper facilities for people with disabilities. The LPA usually choose and provide the place and we have asked them to pay particular attention to the needs of people with disabilities. If you, or anyone you know, want to go to the hearing and you have particular needs, please contact the LPA to confirm they can make proper arrangements.

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